2026 family law consultation: rights for unmarried couples and how to protect yourself now

Millions of couples in England and Wales live together without being married, yet many are surprised to learn how few legal rights they have if the relationship ends or one partner dies. The government 2026 family law consultation has proposed possible changes to that position in the future, but for now the current law still applies.

The consultation, A fairer end to relationships, proposes new legal protections for unmarried couples, including financial rights if they separate and the ability to inherit from each other when there is no Will. It also looks at making some pre-nuptial agreements legally binding.

The key point is that these proposals are not law yet. The consultation has closed, the government is considering the responses, and any changes would still need to pass through Parliament.

In the meantime, unmarried couples continue to have limited legal rights. There are, however, practical steps you can take now to protect each other, including making a cohabitation agreement, writing a Will and making sure your home is owned in the way that best reflects your wishes. Our private client solicitors can help you understand where you stand and put the right arrangements in place for the future.

What the 2026 family law consultation proposes for cohabiting partners

The government launched the consultation in June 2026. Around 3.5 million couples in England and Wales live together without being married. Many of them believe they have the same rights as married couples, but they do not. The consultation aims to close some of these gaps. You can read the full plans on the GOV.UK consultation page. The main changes proposed that would affect cohabiting couples are:

• New financial rights for couples who live together and then separate.
• The right for a cohabiting partner to inherit if the other dies without a Will.
• Pre-nuptial agreements that are binding, as long as strict rules are followed.

The consultation closed in August 2026. The government is now looking at the responses. Any new law will need to pass through Parliament, and the details may change. For now, the current law still applies to you.

If you separate: your rights now and what could change

Many people believe in “common law marriage”, but it does not exist in England and Wales. It does not matter how long you have lived together or whether you have children. If you separate, you do not have the same rights as a married couple.

Today, your rights to the family home depend on how it is owned. Even if your name is not on the deeds, you may still be able to claim a share. The legal term for this is a “beneficial interest”. Proving it can be hard, slow and costly, especially if you have nothing in writing. You cannot claim maintenance for yourself or a share of your partner’s pension. You can claim child maintenance, and in some cases extra support for your children.

Under the new plans, you would have rights if you are both over 18, in a committed relationship and:

• Have lived together for at least three years, or
• Live together and have a child together, or a child who is treated as part of your family.

The plans focus on meeting needs, so there would be no automatic 50:50 split. The court would start from what each of you owns. It could then step in to meet basic needs, such as a home and an income. When it looks at needs, the court would put your children’s welfare first. It could also share a pension. One partner would only have to pay maintenance to the other in exceptional cases. You would need to make a claim within two years of separating. Couples could also choose to opt out by signing a formal agreement.

Separation can raise difficult questions about your home, finances and future arrangements. Our separation solicitors can explain your options and help you understand your position under the current law.

If your partner dies: inheritance now and under the plans

Currently when someone dies without a Will, the intestacy rules decide who inherits. A husband, wife or civil partner comes first. An unmarried partner gets nothing, even after many years together.

A partner who is left out may be able to make a claim against the estate. This will often apply where you lived together as a couple for at least two years before the death. In some circumstances, a claim may also be possible after a shorter period if your partner was financially supporting you.

However, this does not give you the same rights as a spouse or civil partner. Any award is usually limited to what you need for your financial maintenance, and making a claim can be stressful at an already difficult time.

Unmarried partners also do not benefit from the Inheritance Tax exemption that applies to married couples and civil partners. Depending on the size of the estate, this could mean more tax is payable. The consultation does not propose any changes to these tax rules.

The new plans would let a partner inherit in a similar way to a spouse. The government has asked how long a couple should live together first. It suggested five years for couples without children, and less time, or none, for couples with a child. This would help many people, but it may not cover everyone. It could also mean children from an earlier relationship receive less.

Making a Will is one of the best ways to make sure your partner and loved ones are provided for after your death. However, it is important to remember that some assets, such as a home owned as joint tenants, can pass automatically outside your Will. Our award-winning Will Writing and Estate team can help you put the right arrangements in place for your circumstances.

If you are planning to marry: binding pre-nuptial agreements

Today, a pre-nuptial agreement is not automatically binding. Courts will usually follow one if you both signed it freely and understood it. It must also be fair, especially in meeting each person’s needs. The new plans would let qualifying nuptial agreements (QNAs) become binding if strict rules are met. These include:

• The agreement is a valid contract, signed as a deed,
• It includes a statement that you both understand it is a qualifying agreement,
• You each take your own legal advice,
• You share details of your finances, and
• You sign it at least 28 days before the wedding.

Even then, the court could still make orders to meet essential needs, including your children’s needs. Following these steps now gives your agreement the best chance of being upheld.

How to protect yourself now

You do not need to wait for the law to change. These three steps protect you today and are likely to help whatever the future brings.

1. Make a cohabitation agreement

A cohabitation agreement is a written plan for your life together. It sets out who owns what and how you will share bills and the mortgage. It also says what happens to your home and savings if you split up. It is very useful if one of you already owns the home. It also helps if one of you pays more or stops work to care for children. It is not automatically binding. How much weight it carries depends on how well it is drafted and on your circumstances. For the best protection, you should each take legal advice and share details of your money before you sign. If the law changes, we can review it for you.

2. Write or update your Wills

A Will lets you leave your home, savings and belongings to your partner. You can also name guardians for your children. If you have children from an earlier relationship, a Will helps you provide for everyone. Getting married usually cancels a Will, unless it was written with that marriage in mind. So you will usually need a new Will if you marry. It is also worth checking your pension forms and thinking about Lasting Powers of Attorney. Without one, your partner cannot automatically make decisions for you if you lose mental capacity.

3. Decide how you own your home

When you buy a home together, you can own it in one of two ways:

• Joint tenants: the whole home passes to your partner if you die.
• Tenants in common: you each own a set share. It passes under your Will, or under the intestacy rules if you have no Will.

Tenants in common can suit couples who put in different amounts or have children from earlier relationships. A declaration of trust can record your shares and how any money is split if you sell. Our residential conveyancing team can explain your options before you buy.

How Fosters Solicitors can help

Talking about separation or death is never easy. A little planning now can save you and your loved ones a lot of worry later. At Fosters Solicitors, our family law, Wills and property teams in Norwich, Lowestoft and Wymondham work together to support you. We will listen, explain things clearly and help you find the right next step. We are here for you, whether you are moving in, buying a home, planning a wedding, separating or facing a loss. Please contact us for a friendly chat.

Frequently asked questions

Has the law for unmarried couples changed?

Not yet. The 2026 family law consultation closed in August 2026, and the government is looking at the responses. Any changes will need a new law, so the current rules still apply.

Who would qualify for the new cohabitation rights?

The plans would cover adults in a committed relationship who have lived together for at least three years. Couples who live together with a child would also qualify. This includes a child treated as part of their family. Couples could opt out by signing a formal agreement.

Does my unmarried partner inherit if I die without a Will?

No. Under the current rules, an unmarried partner inherits nothing automatically. They may need to make a claim against your estate. Making a Will is one of the best ways to provide for your partner.

Is it worth making a cohabitation agreement before the law changes?

Yes. A well-drafted cohabitation agreement can set out your arrangements clearly and give you important protection if you separate. It is not automatically binding, so you should each take legal advice before signing. It can be updated later if the rules change.

This article was produced on the 16th October 2026 for information purposes only and should not be construed or relied upon as specific legal advice.